## End User License Agreement ('EULA') for the
## NetSuite WMS Printer Driver Software ('Software')
Please read this EULA carefully before installing or using the Software. By installing or using the Software you represent that you are employed by or affiliated with an Oracle Customer ('Customer') and an authorized user of the NetSuite WMS Module ('Module'), subject to the Oracle Third Party Terms ('Third Party Terms'). This is a legal agreement between Oracle America, Inc. ('Oracle') and the Customer. You represent that you are authorized to agree to the following terms on behalf of the Oracle Customer, and references 'you' and 'your' shall mean the Customer.
This EULA supplements and modifies certain terms of the Third Party Terms, solely with respect to use of the Software. Use of the Module through the Software is governed by the Third Party Terms, and capitalized terms used but not defined in this EULA have the meanings given to them in the Third Party Terms.
1. SOFTWARE LICENSE. You may install and use one copy of the Software on a device that you own that is used to access and use the Module. You may access and use the Software solely for your own internal personal or business purposes. By downloading, installing or otherwise using the Software, you accept the terms of the EULA. If you do not accept the terms of this EULA, do not use the Software. You represent and warrant to Oracle that you are authorized to install the Software on the computer upon which it is installed.
2. SCOPE OF LICENSE. The Software is licensed, not sold, to you for use under the terms of this EULA. The EULA also applies to any updates to the Software, unless such update is accompanied by separate terms, in which case such separate terms will govern. This EULA only gives you some rights to use the Software. Oracle and its licensors reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this EULA. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways.
3. USE OF DATA. Data may be gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to the Software or the Module. Oracle will not use or disclose your data except to the extent necessary to perform its obligations or exercise its rights under this EULA and the Third Party Terms, or as directed or otherwise permitted by Customer. By using the Software, you consent to such use by Oracle, and for other uses as follows: Oracle may (i) use the data processed by the Software to the extent necessary to provide the functionality for which the Software is provided; (ii) collect and use technical information and related data, including but not limited to information and data processed by your device, system, Software, and peripherals; and (iii) use the data to improve its products in a manner that does not personally identify you, or to provide services or technologies to you. By installing or enabling the Software for use with third party devices (e.g., printers or other peripherals), you may direct the transmission of data from the Module to networks, systems and applications not owned or operated by Oracle. Accordingly, you understand that the security, confidentiality and integrity of such data and access will be subject to the policies, practices and terms of the party or service to which the data is transmitted and not Oracle.
3. RESTRICTIONS. This EULA is non-transferable and limits you to use the Software only on computers that you own or control. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of the Oracle and its licensors. You may not make more copies of the Software than specified in this EULA or publish the Software for others to copy. If you breach these restrictions, you may be subject to prosecution and damages.
4. INTERNET ACCESS. Use of the Software to access the Module requires Internet access and you understand and accept the risk of accessing and transmitting information over the Internet. You are responsible for preventing unauthorized access or use of the Module as a result of your use of the Software.
5. TERM AND TERMINATION. In addition to any right or remedy that may be available to Oracle under this EULA or applicable law, Oracle may terminate this EULA upon written notice to you at any time. Your rights under this EULA will terminate automatically without notice from Oracle upon any termination of the Customer's subscription to the Module, or if you fail to comply with the terms of this EULA. You can terminate this EULA at any time by removing the Software from your computer entirely. Upon any termination of this EULA, you must cease all use of the Software and delete all copies of the Software. Termination of this EULA shall not entitle the Customer or you to any refund, credit, or other compensation from Oracle.
6. SERVICE LEVEL COMMITMENT. Any service level commitment or warranty in effect between the Customer and Oracle, as set forth in the Third Party Terms or otherwise, shall not apply to the Software. Oracle shall determine, in its sole discretion, the level of support it will provide for the Software, and any such support shall be subject to change without notice.
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED "AS IS" AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ORACLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ORACLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SFOTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORACLE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ORACLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Oracle's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Oracle reserves the right to change, suspend, remove, or disable access to the Software at any time without notice. In no event will Oracle be liable for the removal of or disabling of access to the Software. Oracle may also impose limits on the use of or access to the Software, in any case and without notice or liability.
9. EXPORT COMPLIANCE. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
MISCELLANEOUS. The Service is a 'commercial item' as that term is defined at FAR 2.101. If you are a US Federal Government (Government) Executive Agency (as defined in FAR 2.101), Oracle provides the Service, including any related software, technology, technical data, and/or professional services in accordance with the following: (a) if acquired by or on behalf of any Executive Agency (other than an agency within the Department of Defense (DoD), the Government acquires, in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software), only those rights in technical data and software customarily provided to the public as defined in this Agreement; or (b) if acquired by or on behalf of any Executive Agency within the DoD, the Government acquires, in accordance with DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation), only those rights in technical data and software customarily provided in this EULA. In addition, DFARS 252.227-7015 (Technical Data - Commercial Items) applies to technical data acquired by DoD agencies. Any Federal Legislative Agency or Federal Judicial Agency shall obtain only those rights in technical data and software customarily provided to the public as set forth in this EULA. If any Federal Executive Agency, Federal Legislative Agency, or Federal Judicial Agency has a need for rights not conveyed under the terms described in this Section, it must negotiate with Oracle to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement to be effective. This U.S. Government Rights Section is in lieu of, and supersedes, any other FAR, DFARS, or other clause, provision, or supplemental regulation that addresses Government rights in computer software or technical data under this Agreement. Your use of the Software may also be subject to other local, state, national, or international laws. This EULA is governed by the substantive and procedural laws of the State of California and each party agrees to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. The Uniform Computer Information Transactions Act does not apply to this Agreement or to orders placed under it.
10. OWNERSHIP. Title to and ownership of the Software remains with Oracle and its licensors, including but not limited to all copyrights, trademarks, and the 'look and feel' of the Software. Except for the limited rights set forth herein, you do not acquire any interest in the Software by virtue of entering into this EULA.
11. ENTIRE AGREEMENT. This EULA and any terms relating to updates and support services that you use, are the entire agreement for the Software and support services.
12. THIRD PARTY SOFTWARE. The Software may be distributed with software governed by licenses from third parties ('Third Party Software' and 'Third Party License'). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License, notwithstanding anything to the contrary in this EULA. Oracle makes no representation or warranty concerning Third Party Software and shall have no obligation or liability with respect to Third Party Software.
Oracle America, Inc. © 2017www.oracle.com
NetSuite WMS Printer Driver Software EULA (PDF)
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